Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Transparency
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Below are all of the transparency laws that match your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
28 Results
| State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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Delaware | 11 Del. C. § 5915(a) | Fines, Costs and Restitution; Collection and Disposition |
All fines, costs, restitution, penalties, charges and emoluments imposed or levied by the Justice of the Peace Court, including those costs now levied for constables, shall be for such amounts as are provided by law, and all such amounts imposed or levied shall be collected by the Justice of the Peace Court imposing the same for which a proper receipt shall be given to the person paying the same. Every and all amounts so collected shall be recorded showing the purpose for which the amounts were collected, the name of the person paying same and such other information as the Justice of the Peace Court may require. The information so maintained shall be open to inspection by the State Treasurer and the State Auditor or their authorized agents at all times...
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Obligation to collect or record | State courts |
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Delaware | 11 Del. C. § 5915(b) | Fines, Costs and Restitution; Collection and Disposition |
... Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State, and the officers collecting them shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the Department of Safety and Homeland Security. All costs collected for the violation of any of this title shall be paid to the jurisdiction whose court imposed said costs.
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Obligation to report/conduct analysis | Law enforcement |
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Delaware | 10 Del. C. § 8503 | Posting of Fee Lists |
Every officer referred to in this part, who keeps a public office, shall always post in some convenient and conspicuous place a printed or written list of the fees prescribed in this part, as they relate to such officer's office.
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Obligation to collect or record | Law enforcement |
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Delaware | Del. Super. Ct. Crim. R. 58(b) | Fees and Costs; Bank Accounts. |
Bank accounts. The prothonotary of each county shall maintain interest-bearing bank accounts as required by statute or by the court, including but not limited to accounts for bail deposits, fees and costs, restitution payments and fines, and shall disburse accrued interest in accordance with 10 Del. C. § 2324, 11 Del. C. § 4106(d)(3) or other statute or, in the absence thereof, as directed by the court. The prothonotary shall keep an accurate and complete record of the receipts and disbursements of each account.
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Obligation to collect or record | County |
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Delaware | 21 Del. C. § 706 | Disposition of Fines and Costs |
All the fines, penalties and forfeitures imposed and collected in any county of this State for violation of any of the laws of this title in relation to motor vehicles, where the arrests are procured by the authorized representatives of the Department of Safety and Homeland Security, shall inure and be paid to the State Treasurer for the General Fund. Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State, and the officers collecting them shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the Department of Safety and Homeland Security.
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Obligation to report/conduct analysis | Local jurisdiction |
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Delaware | 10 Del. C. § 375 | Recording of Bonds and Other Obligations |
All bonds or obligations taken pursuant to any order or judgment of the Court of Chancery in this State, shall be recorded in such Court in such manner as the Court directs. The record of any such bond or obligation so recorded, shall, upon proof of the loss of the original, be received as evidence in all courts within this State.
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Obligation to collect or record | State courts |
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Delaware | 10 Del. C. § 1329 | Record |
A verbatim record shall be kept of all evidence taken in the Court. |
Obligation to collect or record | State courts |
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Delaware | 10 Del. C. § 1961 | Preparation of Judicial Reports |
The Committee on Publications of Opinions, appointed by the Chief Justice of the Delaware Supreme Court in accordance with a rule of that Court, shall report such opinions of the Supreme Court, the Chancery Court and the Superior Court, as in its judgment are deemed proper to be reported; and the Committee shall have such reported opinions, together with any court rules and proceedings as it may select, printed and published in bound volumes in such manner and under such terms as it shall determine. The Committee shall deposit such number of copies as are deemed needed for public use with the Secretary of State, to be distributed in accordance with law.
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Obligation to report/conduct analysis | State courts |
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Georgia | Ga. Code Ann. § 15-21-7 | Report by County Treasurer to Grand Jury as to Fines and Bond Forfeitures Received and Disbursed; Compensation of Treasurer; Effect of Code Section Upon Local Laws |
(a) The county treasurer shall report to the grand jury the amounts of fines and bond forfeitures received by him and to whom disbursed for the period of six months preceding the report and shall receive as his compensation 2 1/2 percent on the amounts paid out by him; (b) Nothing in subsection (a) of this Code section shall affect the distribution of funds arising from fines and bond forfeitures or the compensation of county treasurers as regulated by any local law.
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Obligation to report/conduct analysis | County |
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Georgia | Ga. Code Ann. § 15-1-10 | Removal of Court Records; Storage |
(a) No records or papers of any court shall be removed out of the county, except in cases of invasion whereby the same may be endangered, by order of the court, or as otherwise provided in this Code section; (b) Notwithstanding any other provision of this Code section, such records may be stored in accordance with the provisions of subsection (b) of Code Section 15-6-86 or subsection (c) of this Code section; (c) With the prior written consent of the governing authority of the county or municipality and the prior written consent of the chief judge, judge of the probate court, or chief magistrate of the affected court, the clerk of each superior court, state court, probate court, magistrate court, juvenile court, or municipal court in this state is authorized, but not required, to create and maintain digital copies of records, pleadings, orders, writs, process, and other documents submitted to or issued by the court in criminal, quasi-criminal, juvenile, or civil proceedings or in any proceedings involving the enforcement of ordinances of local governments. All digital copies created pursuant to this subsection shall be accurate copies of the original documents and shall be stored and indexed in such manner as to be readily retrievable in the office of the clerk during normal business hours. It shall be the duty of the clerk to provide and maintain software and computers, readers, printers, and other necessary equipment in sufficient numbers to permit the retrieval, duplication, and printing of such digitally stored documents in a timely fashion when copies are requested. A copy of such digitally stored document retrieved by the clerk shall be admissible in all courts in the same manner as the original document. If a backup copy is created pursuant to the process prescribed by subsections (b) and (c) of Code Section 15-6-62, the clerk is authorized to destroy the original document. This subsection shall not apply to documents or records which have been ordered sealed by the court nor to documents which are placed in evidence in a proceeding. The costs of creating and storing digital copies of documents and providing the necessary software and equipment to retrieve and reproduce such documents shall be paid from funds available for the operation of the court. The provisions of this subsection shall constitute an additional and alternative method of records management and shall not supersede or repeal Code Section 15-6-62, 15-6-62.1, 15-6-86, or 15-6-87.
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Obligation to collect or record | All courts |
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Georgia | Ga. Code Ann. § 15-13-31 | Receipt For Fees To Be Given; Penalty |
Every public official mentioned in Code Section 15-13-30, his deputy, or his agent shall, when required, give a statement of the fees demanded and a receipt for the same to any person paying any lawful or pretended fees of office, on pain of forfeiting $10.00 for every such neglect or refusal, to be demanded in court within 12 months and recovered by the person paying the fees and making the demand.
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Obligation to respond to public records requests | All |
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Georgia | Ga. Code Ann. § 15-21-57 | Effect of Article Upon Duty of Prosecuting Officers and County Treasurers Relating to Accounting For Fines and Bond Forfeitures |
Nothing in this article shall affect the duty of the prosecuting officer of any court or the treasurer of any county to account for fines and bond forfeitures to the parties legally entitled as provided by law (but subject to the limitations and alterations provided in this article), including paying to counties and their proper officers all parts of the fund to which the prosecuting officer, clerk of court, sheriff, or other officer would be entitled where, under the law, the funds are paid over to the county and its proper officer because the prosecuting officer, clerk of court, sheriff, or other officer is on a salary basis.
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Obligation to collect or record | All courts, County |
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Georgia | Ga. Code Ann. § 15-21-74 | Assessment and Collection of Penalties; Transfer of Payments to Georgia Superior Court Clerks' Cooperative Authority; Quarterly Accounting |
The sums provided for under paragraph (1) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The sums provided for under paragraph (2) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from forfeited bonds and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following for remittance to the Office of the State Treasurer; provided, however, that if the local governing authority has an approved procedure to verify the applicant's income as set forth in Code Section 17-12-80, the court officer shall remit 50 percent of such funds to the Georgia Superior Court Clerks' Cooperative Authority, and the remaining 50 percent shall be remitted to the local governing authority and reported to the Georgia Superior Court Clerks' Cooperative Authority. The authority shall, on a quarterly basis, make a report and accounting of all funds collected and disbursed pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.
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Obligation to report/conduct analysis | State/statewide agency |
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Georgia | Ga. Code Ann. § 15-21-181 | Report of Funds Received From Additional Penalties; Annual Reporting Requirement; Funds Made Available to Driver's Education Commission |
(a) As soon as practicable after the end of each fiscal year, the Office of the State Treasurer shall report the amount of funds received pursuant to Code Section 15-21-179 to the Office of Planning and Budget and the commission. It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received from such fines in any fiscal year shall be made available during the following fiscal year to the commission for the purposes set forth in Code Section 15-21-178; (b) Not later than October 1 of each year, the commission shall provide a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives, as well as the committee chairpersons for the standing committees in the Senate and the House of Representatives that are assigned issues related to motor vehicles. The report shall include the amount of funds collected from the additional penalty imposed under this article for the previous three fiscal years, the amount of such funds appropriated to the commission for each such corresponding year, and the manner and purposes for which such funds have been expended.
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Obligation to report/conduct analysis | State/statewide agency |
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Georgia | Ga. Code Ann. § 42-8-108 | Quarterly Report to Judge and Council; Records to Be Open For Inspection |
(a) Any private corporation, private enterprise, or private agency contracting to provide probation services or any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall provide to the judge who consented to such contract or agreement and DCS a quarterly report summarizing the number of offenders under supervision; the amount of fines, statutory surcharges, and restitution collected; the amount of fees collected and the nature of such fees, including probation supervision fees, rehabilitation programming fees, electronic monitoring fees, drug or alcohol detection device fees, substance abuse or mental health evaluation or treatment fees if such services are provided directly or otherwise to the extent such fees are known, and drug testing fees; the number of community service hours performed by probationers under supervision; a listing of any other service for which a probationer was required to pay to attend; the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination; and the number of warrants issued during the quarter, in such detail as DCS may require. Information reported pursuant to this subsection shall be annually submitted to the governing authority that entered into such contract and thereafter be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50. Local governments are encouraged to post electronic copies of the annual report on the local government's website, if such website exists; (b) All records of any private corporation, private enterprise, or private agency contracting to provide services or of any county, municipality, or consolidated government entering into an agreement under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, court, the Department of Audits and Accounts, an auditor appointed by the affected county, municipality, or consolidated government, the Department of Corrections, DCS, the State Board of Pardons and Paroles, or the board.
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Obligation to report/conduct analysis, Obligation to respond to public records requests | Private actors |
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Georgia | Ga. Code Ann. § 47-11-51(a);(b) | Payment to Fund of a Portion of Criminal and Quasi-Criminal Fines and Forfeited Bonds; Duty to Record and Report Collection; Penalties |
(a) In every criminal and quasi-criminal case for violating state statutes or traffic laws which is before a judge of the probate court and in which case a fine is collected or a bond is forfeited, $3.00 shall be collected by the judge, clerk of court, or other collecting authority. Such bond or fine shall be construed to include costs; (b) The sum provided for shall be paid to the board before the payment of any cost or any claims whatsoever against such fine or forfeiture. It is made the duty of the judge of the probate court or other authority collecting the money to keep accurate records of the amount due the board so that the same may be audited or inspected at any time by any representative of the board at the direction of the board. Sums remitted to the board under this Code section shall be used as provided for elsewhere in this chapter.
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Obligation to collect or record | State courts |
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Georgia | Ga. Code Ann. § 15-21-74 | Assessment and Collection of Penalties; Transfer of Payments to Georgia Superior Court Clerks' Cooperative Authority; Quarterly Accounting |
The sums provided for under paragraph (1) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The sums provided for under paragraph (2) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from forfeited bonds and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following for remittance to the Office of the State Treasurer; provided, however, that if the local governing authority has an approved procedure to verify the applicant's income as set forth in Code Section 17-12-80, the court officer shall remit 50 percent of such funds to the Georgia Superior Court Clerks' Cooperative Authority, and the remaining 50 percent shall be remitted to the local governing authority and reported to the Georgia Superior Court Clerks' Cooperative Authority. The authority shall, on a quarterly basis, make a report and accounting of all funds collected and disbursed pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.
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Obligation to collect or record, Obligation to report/conduct analysis | State/statewide agency |
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Georgia | Ga. Code Ann. § 47-16-60(a) | Payments to Fund from Fines and Bonds Collected in Criminal and Quasi-Criminal Cases; Duty of Collecting Authority to Record and Remit; Penalty for Late Payment |
The sum of $2.00 shall be allocated to the board from each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state law, including traffic laws, which case is before any court of this state in which a sheriff of a superior court or a duly authorized deputy of such sheriff acts as sheriff to such court by virtue of his office, provided that such fine or bond, which shall be construed to include costs, is at least $5.00. The clerk or other collecting authority for the court in which the fine or bond is collected shall pay such amounts to the secretary-treasurer each quarter or at such other times as the board may provide. These sums shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture, provided that this shall not be construed to repeal any existing priorities established under the laws of this state. It shall be the duty of the clerk or other collecting authority for each court to keep accurate records of the amounts due to the board and to remit the amounts due promptly. Such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used only for the purposes provided for in this chapter.
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Obligation to collect or record | Clerk |
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Georgia | Ga. Code Ann. § 47-17-60(a);(a.1) | Payments to the Fund from Fines and Bonds Collected in Criminal and Quasi-Criminal Cases; Duty of Collecting Authority to Record and Remit Sums Collected; Penalty |
(a) A portion of each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state statutes, county ordinances, or municipal ordinances, which case is before any court or tribunal in this state, shall be paid to the secretary-treasurer according to the following schedule: (1) Three dollars for any fine or bond forfeiture of more than $4.00, but not more than $25.00; (2) Four dollars for any fine or bond forfeiture of more than $25.00, but not more than $50.00; (3) Five dollars for any fine or bond forfeiture of more than $50.00, but not more than $100.00; or (4) Five percent of any fine or bond forfeiture of more than $100.00. For purposes of determining amounts to be paid to the secretary-treasurer, the amount of the fine or bond collected shall be deemed to include costs. The amounts provided for shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture. The collecting authority shall pay such amounts to the secretary-treasurer on the first day of the month following that in which they were collected or at such other time as the board may provide. With such payment there shall be filed an acceptable form which shows the number of cases in each of the above categories and the amounts due in each category. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board so that the records may be audited or inspected at any time by any representative of the board under its direction. Sums remitted to the secretary-treasurer under this Code section shall be used as provided for elsewhere in this chapter; (a.1) Five dollars of each fee collected prior to adjudication of guilt for purposes of pretrial diversion pertaining to any criminal or quasi-criminal case for violation of state statutes, county ordinances, or municipal ordinances as provided for in subsection (f) of Code Section 15-18-80, which case is before any court or tribunal in this state, shall be paid to the secretary-treasurer. The clerk of court as provided for in subsection (f) of Code Section 15-18-80 shall pay such amounts to the secretary-treasurer on the first day of the month following that in which they were collected or at such other time as the board may provide. With such payment there shall be filed an acceptable form from the clerk of court which shows the number of cases in each of the above categories and the amounts due in each category. It shall be the duty of the clerk of court to keep accurate records of the amounts due the board so that the records may be audited or inspected at any time by any representative of the board under its direction. Sums remitted to the secretary-treasurer under this Code section shall be used as provided for elsewhere in this chapter.
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Obligation to collect or record | Clerk |
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Georgia | Ga. Code Ann. § 15-2-43(10) | Duties of Clerk |
The clerk of the Supreme Court shall have the following duties: (10) On or before the fifth day of each and every month, to submit in writing to the Office of the State Treasurer, with a copy to the state auditor, a full and fair statement of each case in which costs have been collected during the month preceding the report, showing the amount collected and the amount not collected. If any balance due by the clerk has not been collected, aside from costs due in indigency cases, or has been collected but not paid over, then the clerk shall be liable to be ruled by the Office of the State Treasurer in the Supreme Court, in term time, on the same terms as other officers are ruled.
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Obligation to collect or record | Clerk |